Articulation Requirement for Upward Variances in Revocation Sentences: United States v. Mercado-Cañizares Introduction This commentary examines the First Circuit’s decision in United States v....
Articulation Standards for Upward Variances in Supervised Release Revocations and Firearms Sentencing Introduction This commentary examines United States v. Mercado-Cañizares, 21-1903 & 22-1149 (1st...
Fact-Specific Materiality of Adviser Conflicts and Disgorgement Limits under the Advisers Act Introduction The case of Securities and Exchange Commission v. Commonwealth Equity Services, LLC (1st...
No “Ocular Visibility” in PSG Analysis: First Circuit Remands for Clear, Legally Sound Social-Distinction Reasoning in Alvarez Mendoza v. Bondi Introduction In Alvarez Mendoza v. Bondi, the First...
No “Ocular Visibility” Requirement for Social Distinction in Particular Social Group Analysis: The First Circuit’s Remand in Alvarez Mendoza v. Bondi Introduction In Alvarez Mendoza v. Bondi (1st...
Pike v. Budd: First Circuit Holds State Actors May Be Individually Liable Under § 1983 for Creating a Hostile Work Environment for Non‑Employees; Replaces Title VII’s “Employer Liability” Element...
When the §1446(b)(3) Clock Starts: Plaintiff’s Filings—Including an MDL Transcript Filed in the Case—Can, in Combination, Make Federal Officer Removability “Easily Determinable” Even Without...
No Acquittal Without a Ruling: First Circuit Clarifies that Post‑Trial Juror Statements Cannot Trigger Double Jeopardy and Endorses Holistic Review of Deadlock Mistrials Introduction In Read v....
Padilla Stops at Deportation: First Circuit Rejects Duty to Warn of Permanent Reentry Bars and Tightens Diligence for Coram Nobis in Aceituno v. United States Introduction In Aceituno v. United...
Categorical Federal Funding Freezes as Reviewable Final Agency Actions: First Circuit Denies Stay Pending Appeal in State of New York v. Trump Introduction In State of New York v. Trump, the United...
Franks Omissions Clarified: Omission of a Named Cooperating Witness’s “Crime of Dishonesty” and Prior Deception Does Not Defeat Probable Cause When Detailed, Self-Inculpatory, and Corroborated...
Rational Explanation Requirement for Termination of Federal Education Grants Introduction In State of California v. U.S. Department of Education, the First Circuit addressed whether the Department of...
Waiver of an AEDPA §2244(d)(1)(C) Limitations Defense Precludes Sua Sponte Review Introduction In Núñez Pérez v. Escobar Pabón, 64 F.4th 1 (1st Cir. 2024), the First Circuit addressed whether a state...
General Intent Sufficient Under 18 U.S.C. § 111: United States v. Parrot Introduction United States v. Parrot, decided by the First Circuit on March 21, 2025, addresses the scope of the...
Diversity Jurisdiction Supremacy over State-Law Venue Allocation in Landlord-Tenant Disputes Introduction This commentary examines the decision in 289 Kilvert, LLC v. SBC Tower Holdings LLC, 24-1156...
United States v. Armenteros-Chervoni: Defining Multiplicity Under 18 U.S.C. §§ 1001 & 1791 Introduction The First Circuit’s decision in United States v. Armenteros-Chervoni clarifies how federal...
New Precedent: Intent-to-Repay Not a Defense to Postal Funds Misappropriation under 18 U.S.C. §§ 1711 and 641 Introduction In United States v. Martínez-Mercado, 1st Cir. No. 23-1067 (Mar. 19, 2025),...
ERISA Preemption Bars State Wrongful Death and Punitive Damages Claims Stemming from Benefit Denials Introduction In Cannon v. Blue Cross and Blue Shield of Massachusetts, Inc., No. 24-1862 (1st Cir....
Mandatory Individualized Hardship Analysis in Cancellation of Removal Introduction Duarte De Martinez v. Bondi, No. 24-1057 (1st Cir. Mar. 19, 2025), addresses the standard for “exceptional and...
Revisiting the Statute of Limitations for Embezzlement: §641 Is Not a Continuing Offense Introduction This commentary discusses the recent decision in United States of America v. Kenneth Pontz,...